BILL NUMBER: SB 555 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 27, 1999
AMENDED IN SENATE APRIL 15, 1999
INTRODUCED BY Senator Karnette
FEBRUARY 19, 1999
An act to amend Sections 451.5 and 457.1 of the Penal Code,
relating to arson.
LEGISLATIVE COUNSEL'S DIGEST
SB 555, as amended, Karnette. Arson: registration.
Existing law defines the crime of aggravated arson, and specifies
costs to be included in calculating property damage for purposes of
those provisions. The provisions relating to calculating property
damage cease to have effect on January 1, 1999.
This bill would extend the operation of the above-described
provisions to January 1, 2005, as specified. By extending the
existence of an existing crime, this bill would create a
state-mandated local program.
Existing law requires a convicted arsonist, as specified, to
register with certain local officials where he or she resides and
makes it a misdemeanor to fail to register.
This bill would, in addition, subject persons convicted of
aggravated arson and possession or use of certain
destructive devices containing flammable liquids, as specified,
to the provisions described above. By expanding the scope
of an existing crime, this bill would impose a state-mandated local
program. The bill would also recast the provisions of law specifying
the conditions requiring registration, and specify the length of
time persons are subject to the registration requirements.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 451.5 of the Penal Code is amended to read:
451.5. (a) Any person who willfully, maliciously, deliberately,
with premeditation, and with intent to cause injury to one or more
persons or to cause damage to property under circumstances likely to
produce injury to one or more persons or to cause damage to one or
more structures or inhabited dwellings, sets fire to, burns, or
causes to be burned, or aids, counsels, or procures the burning of
any residence, structure, forest land, or property is guilty of
aggravated arson if one or more of the following aggravating factors
exists:
(1) The defendant has been previously convicted of arson on one or
more occasions within the past 10 years.
(2) (A) The fire caused property damage and other losses in excess
of five million dollars ($5,000,000).
(B) In calculating the total amount of property damage and other
losses under subparagraph (A), the court shall consider the cost of
fire suppression. It is the intent of the Legislature that this
paragraph be reviewed within five years to consider the effects of
inflation on the dollar amount stated herein. For that reason, this
paragraph shall remain in effect only until January 1, 2005, and as
of that date is repealed, unless a later enacted statute, which is
enacted before January 1, 2005, deletes or extends that date.
(3) The fire caused damage to, or the destruction of, five or more
inhabited structures.
(b) Any person who is convicted under subdivision (a) shall be
punished by imprisonment in the state prison for 10 years to life.
(c) Any person who is sentenced under subdivision (b) shall not be
eligible for release on parole until 10 calendar years have elapsed.
SEC. 2. Section 457.1 of the Penal Code is amended to read:
457.1. (a) As used in this section, "arson" means a violation of
Section 451, 451.5, 453, or 12303.3, where the offense is
predicated upon a destructive device as defined in paragraph (5) of
subdivision (a) of Section 12301, or 453, and
attempted arson, that includes, but is not limited to, a violation of
Section 455.
(b) (1) Every person described in paragraph (2), (3), and (4), for
the periods specified therein, shall, while residing in, or if the
person has no residence, while located in California, be required to,
within 14 days of coming into, or changing the person's residence or
location within any city, county, city and county, or campus wherein
the person temporarily resides, or if the person has no residence,
is located:
(A) Register with the chief of police of the city where the person
is residing, or if the person has no residence, where the person is
located.
(B) Register with the sheriff of the county where the person is
residing, or if the person has no residence, where the person is
located in an unincorporated area or city that has no police
department.
(C) In addition to (A) or (B) above, register with the chief of
police of a campus of the University of California, the California
State University, or community college where the person is residing,
or if the person has no residence, where the person is located upon
the campus or any of its facilities.
(2) Any person who, since September 7, 1994, has been or is
hereafter convicted in any court in this state of arson or attempted
arson shall be required to register, in accordance with the
provisions of this section, for the rest of his or her life.
(3) Any person who, having committed the offense of arson or
attempted arson, and after having been adjudicated a ward of the
juvenile court, is discharged or paroled from the Department of the
Youth Authority on or after January 1, 1993, shall be required to
register, in accordance with the provisions of this section, until
that person attains the age of 25 years.
(4) Any person convicted of the offense of arson or attempted
arson between January 1, 1985, and September 4, 1994, in any court of
this state, shall be required to register, in accordance with the
provisions of this section, for a period of five years commencing, in
the case where the person was confined for the offense, from the
date of their release from confinement, or in the case where the
person was not confined for the offense, from the date of sentencing
or discharge, if that person was ordered by the court at the time
that person was sentenced to register as an arson offender. The law
enforcement agencies shall make registration information available to
the chief fire official of a legally organized fire department or
fire protection district having local jurisdiction where the person
resides.
(c) Any person required to register pursuant to this section who
is discharged or paroled from a jail, prison, school, road camp, or
other penal institution, or from the Department of the Youth
Authority where he or she was confined because of the commission or
attempted commission of arson, shall, prior to the discharge, parole,
or release, be informed of his or her duty to register under this
section by the official in charge of the place of confinement. The
official shall require the person to read and sign the form as may be
required by the Department of Justice, stating that the duty of the
person to register under this section has been explained to him or
her. The official in charge of the place of confinement shall obtain
the address where the person expects to reside upon his or her
discharge, parole, or release and shall report the address to the
Department of Justice. The official in charge of the place of
confinement shall give one copy of the form to the person, and shall,
not later than 45 days prior to the scheduled release of the person,
send one copy to the appropriate law enforcement agency having local
jurisdiction where the person expects to reside upon his or her
discharge, parole, or release; one copy to the prosecuting agency
that prosecuted the person; one copy to the chief fire official of a
legally organized fire department or fire protection district having
local jurisdiction where the person expects to reside upon his or her
discharge, parole, or release; and one copy to the Department of
Justice. The official in charge of the place of confinement shall
retain one copy. All forms shall be transmitted in time so as to be
received by the local law enforcement agency and prosecuting agency
30 days prior to the discharge, parole, or release of the person.
(d) All records relating specifically to the registration in the
custody of the Department of Justice, law enforcement agencies, and
other agencies or public officials shall be destroyed when the person
required to register under this subdivision for offenses adjudicated
by a juvenile court attains the age of 25 years or has his or her
records sealed under the procedures set forth in Section 781 of the
Welfare and Institutions Code, whichever event occurs first. This
subdivision shall not be construed to require the destruction of
other criminal offender or juvenile records relating to the case that
are maintained by the Department of Justice, law enforcement
agencies, the juvenile court, or other agencies and public officials
unless ordered by the court under Section 781 of the Welfare and
Institutions Code.
(e) Any person who is required to register pursuant to this
section who is released on probation or discharged upon payment of a
fine shall, prior to the release or discharge, be informed of his or
her duty to register under this section by the probation department
of the county in which he or she has been convicted, and the
probation officer shall require the person to read and sign the form
as may be required by the Department of Justice, stating that the
duty of the person to register under this section has been explained
to him or her. The probation officer shall obtain the address where
the person expects to reside upon his or her release or discharge and
shall report within three days the address to the Department of
Justice. The probation officer shall give one copy of the form to
the person, and shall send two copies to the Department of Justice,
which, in turn, shall forward one copy to the appropriate law
enforcement agency having local jurisdiction where the person expects
to reside upon his or her discharge, parole, or release.
(f) The registration shall consist of (1) a statement in writing
signed by the person, giving the information as may be required by
the Department of Justice, and (2) the fingerprints and photograph of
the person. Within three days thereafter, the registering law
enforcement agency shall electronically forward the statement,
fingerprints, and photograph to the Department of Justice.
(g) If any person required to register by this section changes his
or her residence address, he or she shall inform, in writing within
10 days, the law enforcement agency with whom he or she last
registered of his or her new address. The law enforcement agency
shall, within three days after receipt of the information,
electronically forward it to the Department of Justice. The
Department of Justice shall forward appropriate registration data to
the law enforcement agency having local jurisdiction of the new place
of residence.
(h) Any person required to register under this section who
violates any of the provisions thereof is guilty of a misdemeanor.
Any person who has been convicted of arson or attempted arson and who
is required to register under this section who willfully violates
any of the provisions thereof is guilty of a misdemeanor and shall be
sentenced to serve a term of not less than 90 days nor more than one
year in a county jail. In no event does the court have the power to
absolve a person who willfully violates this section from the
obligation of spending at least 90 days of confinement in a county
jail and of completing probation of at least one year.
(i) Whenever any person is released on parole or probation and is
required to register under this section but fails to do so within the
time prescribed, the Board of Prison Terms, the Department of the
Youth Authority, or the court, as the case may be, shall order the
parole or probation of that person revoked.
(j) The statements, photographs, and fingerprints required by this
section shall not be open to inspection by the public or by any
person other than a regularly employed peace officer or other law
enforcement officer.
(k) In any case in which a person who would be required to
register pursuant to this section is to be temporarily sent outside
the institution where he or she is confined on any assignment within
a city or county, including, but not limited to, firefighting or
disaster control, the local law enforcement agency having
jurisdiction over the place or places where that assignment shall
occur shall be notified within a reasonable time prior to removal
from the institution. This subdivision shall not apply to any person
temporarily released under guard from the institution where he or
she is confined.
(l) Nothing in this section shall be construed to conflict with
Section 1203.4 concerning termination of probation and release from
penalties and disabilities of probation.
A person required to register under this section may initiate a
proceeding under Chapter 3.5 (commencing with Section 4852.01) of
Title 6 of Part 3 and, upon obtaining a certificate of
rehabilitation, shall be relieved of any further duty to register
under this section. This certificate shall not relieve the
petitioner of the duty to register under this section for any offense
subject to this section of which he or she is convicted in the
future.
Any person who is required to register under this section due to a
misdemeanor conviction shall be relieved of the requirement to
register if that person is relieved from the penalties and
disabilities of probation pursuant to Section 1203.4.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.